I completely agree, but I also believe that ontologically courts are natural. Someone must adjudge. Who does that and how it's done is the question.

Legislatures used to hold trials in some cases and still do (impeachment). Legislatures used up overturn decision via Legislation too. If the guy they didn't like won a criminal trial, they'd invalidate the decision via statue and arrest him again. They'd pass ex post facto laws too to get their enemies, which is like judging.